UK court denies prisoner with HIV early release

On 19 August 2003, the England and Wales Court of Appeal (Criminal Division) denied an application by a man with HIV and hepatitis C to suspend his sentence of imprisonment due to his poor health.     

UK court denies appeal by woman who stabbed police officer with used needle

On 2 September 2003, the England and Wales Court of Appeal (Criminal Division) denied the appeal against sentence by a woman living with hepatitis C who stabbed a police officer repeatedly with a used syringe while resisting arrest. The court confirmed the nine-year sentence.     

UK: Welsh court reduces sentence, cites HIV status

A Welsh appeal court has reduced the sentence handed down to an offender because of his HIV status, despite his lengthy criminal record. The court reduced the sentence from five to three-and-a-half years' imprisonment.     

Australia: court orders doctors to pay damages to woman who contracted HIV from her husband

IN a case that received extensive media coverage, the New South Wales Supreme Court has found two doctors negligent for failing to take steps to make a bride aware that she was at risk as a result of her prospective husband's HIV infection. The court awarded the woman AUD$727,437 in damages. The couple had attended the physicians together to be tested for HIV and other sexually transmitted infections, but had received their test results separately. She subsequently contracted HIV as a result fo unprotected sexual intercourse with him.     

BC court orders government to pay for treatment

On 9 October 2002, the British Columbia Court of Appeal upheld a ruling of a BC court that the BC government must not discriminate against a disabled and disadvantaged group when choosing what medical treatments it will fund. The Court of Appeal ordered the BC government to pay for a particular form of treatment. The case is significant in the context of HIV/AIDS because it could lend support to arguments that a government must make appropriate accommodation for the health-care needs of other disabled and marginalized groups--for example, safe injection supervision for the treatment of addiction.     

Nigeria--Judge denies woman with HIV access to courtroom

In February 2001, a judge in the Ikeja High Court in Nigeria barred an HIV-positive woman from entering her courtroom out of concern for transmission of the virus.     

Spanish court rules in 'Accessorize' trade marks case

The Barcelona Court of First Instance No. 1 found in favourof the claimants, owners of the famous registered trade mark‘Accessorize’ in their action for trade mark infringement,trade mark cancellation, unfair competition, and damages inrespect of the use by the defendants of the Accessori, Mr Accessoriand Accessori trade marks.     

South Africa: highest court orders government to provide antiretrovirals to prevent mother-to-child transmission

On 5 July 2002, South African treatment activists won a significant victory when the Constitutional Court ordered the South African government to make the antiretroviral drug nevirapine available in public hospitals and clinics for the purposes of preventing mother-to-child transmission of HIV. The Court also ruled the government has a constitutional obligation to implement a program to realize the right of pregnant women and their newborn children to access health services to prevent transmission.     

US: court refuses to order disclosure of HIV status to police

In February 2001, Massachusetts' highest court ruled that a man whose blood was splattered on police officers during his arrest is protected under that state's law from having to reveal his HIV status.     

Australia: court reduces prison sentence of person with HIV

In August 2002, the Court of Appeals of the state of Victoria, Australia, reduced the non-parole portion of a man's prison sentence from two years to 18 months because imprisonment would be a greater burden on someone with HIV than on a healthy person.     

英国精神病法庭辩护简介

在英国，精神科医生常常以专家证人的身份涉入诉讼，提供专家证言。如果专家的证言对自己的辩护有利，律师会在法庭上出具专家证言或安排专家出庭作证；否则，证言将不被提交法庭。陪审团根据专家证言的说服力决定是否采纳。控辩双方都可以聘请专家证人。理论上，控辩双方都可以找到支持自己主张的专家证言。当双方所聘请的专家意见相左时，由陪审团做出取舍，法庭据此做出判决。当然，由于陪审团成员缺乏精神病学的专业知识，在取舍时也很困难。     

英国精神病法庭辩护简介

在英国,精神科医生常常以专家证人的身份涉入诉讼,提供专家证言。如果专家的证言对自己的辩护有利,律师会在法庭上出具专家证言或安排专家出庭作证;否则,证言将不被提交法庭。陪审团根据专家证言的说服力决定是否采纳。控辩双方都可以聘请专家证人。理论上,控辩双方都可以找到支持自己主张的专家证言。当双方所聘请的专家意见相左时,由陪审团做出取舍,法庭据此做出判决。当然,由于陪审团成员缺乏精神病学的专业知识,在取舍时也很困难。在英国,精神病法庭辩护主要有3大类:(1)因精神病无受审能力辩护(Notfittostandtrial);(2)因精神病无诉讼…     

Honduras: government intimidates people with HIV/AIDS asserting right to medicines

In August 2002, the Honduran Ministry of Health violated the human rights of four Hondurans living with HIV/AIDS by releasing their names to a national newspaper.